Search
logo
mobile logo
KENFOX IP & Law Office > Articles posted by KENFOX IP (Page 16)
16 March
0 Comments
Sticky

Invalidating a bad-faith trademark registration in Vietnam

Posted by KENFOX IP
in Viet Nam

Bad-faith trademark registration has largely seen in Vietnam nowadays, especially when foreign investors are shifting production from China to Vietnam following a recent US-China trade war. Trade marks in Vietnam are generally awarded on a “first to file” basis, resulting in floods of trademark applications, many of which imitate/ mimic foreign reputed brands that have yet to expand into the Vietnamese market. Invalidating a trademark registered in bad faith in Vietnam is not always easy as Vietnam IP Law does not define or contain specific provisions on bad faith. However, Snap Inc., a US-based company, has won a significant victory...

Continue reading
27 February
0 Comments
Sticky

Amendments to the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks in force as from February 1, 2021

Posted by KENFOX IP
in Viet Nam

1. At its fifty-third (23rd ordinary) and fifty fourth (31st extraordinary) sessions, the Madrid Union Assembly adopted amendments to Rules 3, 9, 21, 25 and 36 of the Regulations under the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks (hereinafter referred to as “the Regulations”) that will enter into force on February 1, 2021....

Continue reading
25 February
0 Comments
Sticky

Time-limit for responding to Office Action concerning IP applications in Vietnam

Posted by KENFOX IP
in Related Matters in Vietnam

Registration application: Under Vietnam IP Law, the time period from application to registration for a straightforward application is 12 months. Response toward OA: For a Notice of Formality Deficiencies/Shortcomings: The IP Vietnam issues a Notice of Formality Deficiencies/Shortcomings, requiring the applicant to file a response within 02 months from the date of the Notice. If the response is satisfactory, a Notice of Formality Acceptance must be issued within 02 month after the filing date of the response (See Point 13.8b, Circular No. 01/2007/TT-BKHCN, as revised).  For a Notice of a third party’s opposition: The IP Vietnam issues a Notice of a third...

Continue reading
22 February
0 Comments
Sticky

What to do if a trademark faces a refusal Decision issued by the IP Office of Vietnam

Posted by KENFOX IP
in Trademark in Vietnam

If Vietnam IP issues a final decision to reject a trademark application, there are 02 (two) remaining options for recourse. In detail, the applicant may either file an appeal with the with the Science and Technology Minister (“MOST”), the supervising body of the IP Vietnam or initiate lawsuits at court. If an applied-for mark is finally rejected to register by the MOST or a competent court in Vietnam, assuming that such refusal is based on absolute ground (e.g. a merely distinctive mark or weakly distinctive mark), ...

Continue reading
26 January
0 Comments
Sticky

Trademark Examination Principles newly adopted by IP Office of Vietnam as of December 2020

Posted by KENFOX IP
in News, Related Matters in Vietnam, Viet Nam

To be more compatible with the recent signed trade pacts, including European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), and most recently the Regional Comprehensive Economic Partnership (“RCEP”) and the UK Vietnam Free Trade Agreement (“UKVFTA”), some new critical trademark examination principles/practices have been introduced/adopted by the IP Office of Vietnam (“IP Vietnam”). KENFOX IP & LAW OFFICE provides below several important takeaways....

Continue reading
14 December
0 Comments
Sticky

Vietnam released a draft of the IP Law for public comments

Posted by KENFOX IP
in News, Viet Nam

A draft of the amended IP Law of Vietnam has been released recently by the Ministry of Science and Technology of Vietnam and published in its website in November 2020 for public comments. The recent signing of big trade pacts, such as the European Vietnam Free Trade Agreement (“EVFTA”), the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (“CPTPP”), the Regional Comprehensive Economic Partnership (“RCEP”), the world’s largest trading bloc have triggered the comprehensive amendment of Vietnam’s IP Law that enacted in 2005. While a lot of progressive provisions have been introduced to this third amendment of Vietnam IP Law, some...

Continue reading
10 December
0 Comments
Sticky

Assessing relatedness of the goods/services for examining registrability of trademarks in Vietnam

Posted by KENFOX IP
in Trademark in Vietnam

How the goods and/or services bearing this trademark are deemed related/relevant to those under an earlier mark is very important to determine registrability of similar trademarks in Vietnam. Whether Nice Classification is the only basis for making an assessment on relatedness/relevance of the goods/services bearing trademarks? Of course, it is not....

Continue reading
30 November
0 Comments
Sticky

Stricter requirements adopted for documents submitted to Vietnam IP Office

Posted by KENFOX IP
in News, Viet Nam

The Intellectual Property Office of Vietnam (IP Vietnam) issued Notice No. 13822/TB-SHTT dated 23 November 2020 on the application of regulations concerning persons with legal status to sign documents on behalf of the applicant in the registration procedure for establishment of industrial property rights and the related procedures. The Notice No. 13822/TB-SHTT has the following noteworthy points:...

Continue reading